Archived Legal Articles from 2022

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Levelling the costs playing field ?


The Government has proposed specific rule changes to the QOCS regime following the Supreme Court judgment of Ho v Adelkun [2021] UKSC 43 and has opened a consultation to consider the proposals. The Qualified One Way Costs Shifting regime (QOCS) was introduced to personal injury cases in 2013…

It's Been a Privilege - Protecting Post-Accident Investigations


There are some aspects of law which even confuse Judges, and one of those which crops up time and again is legal professional privilege. Whilst it may seem to be something best left to lawyers to entertain themselves with in a dreary Court on a rainy Monday afternoon, understanding the principles can…

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The issues faced by carers during the Covid 19 pandemic


As frequently highlighted by the media over the course of the last 2 years, one of the most highly affected employment groups during the pandemic were those providing care for others. This sector took care of some of the most vulnerable members of society during the various lockdowns implemented in the…

First Do No Harm


"First do no Harm" is part of the Hippocratic oath that many medical schools still insist their graduates take as part of the qualifying process to become a doctor. The recent Court of Appeal decision in Tindall v Chief Constable of Thames Valley Police (2022) EWCA Civ 25 suggests that a…

DJ Obi provides significant judgment in the case of AB


Deputy High Court Judge Margaret Obi delivered a significant judgment in the case of AB v Worcestershire County Council & Anor [2022] EWHC 115 (QB) . Breaches of Article 3 and Article 6 of the ECHR were being alleged by the Claimant. The claim for AB was brought on his behalf by the Official…

School Fined After Field Trip Ends In Mountain Rescue


A teacher and a teaching assistant from Gateshead Cheder school led 13 boys up the icy and snowy Helvellyn mountain in the Lake District in March 2020. The school admitted 'mistakes were made' over the field trip, which resulted in one pupil falling on the 3,000-foot high mountain and…

Manufacturing company fined after workers exposed to risk


A metals fabrication company has been sentenced for health breaches after several workers were diagnosed with hand arm vibration syndrome (HAVS) or carpal tunnel syndrome. The company was visited by the Health & Safety Executive in March 2018 following a concern received from an employee.…

Practical Jokes and Vicarious Liability


The Court of Appeal have upheld the High Court's finding that an employer was not liable for a contractor's injury that was caused by a practical joke played by one of its employees. We reported the High Court's decision in the case of Chell v Tarmac here at the time. In summary the…

Changes to the Highway Code


From 29th January 2022 the rules for all types of road users have been updated in the Highway Code to improve the safety of people walking, cycling and riding horses. The aim of the new rules is to significantly reduce road casualties and the Highway Code states that "cutting the number of deaths…

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Rogue employees and Data Breaches


In an important decision for local authorities and other organisations handling sensitive data, the High Court has clarified and applied the principles governing vicarious liability set out by the Supreme Court in the earlier judgment in Various Claimants v Morrisons Supermarkets [2020] AC 989.…

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Environmental Litigation - A Sea Change?


It is nigh on impossible to visit the website of any reasonable-sized construction company nowadays without seeing words like "sustainability", "ESG", and "social footprint". Historically used as mere buzz words to drive online traffic, environmental issues are increasingly…

Care home company fined after a resident choked to death


HC-One Limited has been fined following an incident when a resident choked to death on a jam doughnut. A resident of Orchard Care Home, Lychgate Road, Tullibody, was given a piece of jam doughnut to eat on 7 August 2019. The resident had previously suffered from a stroke and had been diagnosed with…

Council prosecuted after a member of the public killed by falling tree


Staffordshire County Council has been prosecuted for failing to inspect and maintain trees on a public footpath, following the death of a member of the public. The Court heard how, on 3 October 2019, a man walking his dog on the Isabel Trail in Stafford was struck and killed by part of a falling…

LLOYD v GOOGLE: The Big Ones Get Away?


To some observers, civil claims for compensation for often relatively trivial breaches of a person's data, represent the opportunity for some legal firms to replace diminishing whiplash or holiday sickness claims with a new source of work. One potential avenue for claimant firms looking to diversify…

The construction company and its groundworks contractor sentenced


A construction company and its groundworks contractor have been fined after unsafe excavation work left a worker with serious burns to his hand and arm. A groundworker was preparing the ground to install a post to carry an Automatic Number Plate Recognition Camera (ANPRC) on 2 August 2018.…

Defendants unable to offset 'costs against costs' in QOCS cases


In a blow to Defendants, the UK Supreme Court in the case of Ho v Adelekun (2021) UKSC 45 unanimously agreed with the appellant Claimant that a Defendant cannot automatically off set 'costs against costs' under the Qualified One-Way Costs Shifting (QOCS) regime. QOCS applies to most…

Forbes at Trial - R v Wigan Council


In the current situation when schools are being advised to open windows to ensure adequate ventilation to avoid Covid-19 transmission, this case is a useful reminder of issues that can arise. Forbes successfully defended this claim on the basis that there was a safe system of work, and that the…

When the claimant's evidence doesn't get him past first base


Mr Rigby brought a claim against Wigan Council alleging that he had tripped and fallen as a result of a significant pothole in a road. The matter was listed for a two-day trial but all came crashing down for the claimant before lunch on the first day. His first problem was that two of his…

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